Patna High Court
XXXXversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
Bail to a child in conflict with law cannot be denied unless there are reasonable grounds that release would expose the child to criminal association, moral, physical or psychological danger, or defeat the ends of justice, and such grounds were not established in this case.
Summary
The revision petition challenged the denial of bail to a 15‑year‑old child in conflict with law (CICL) who was apprehended in a narcotics seizure under the NDPS Act. The petitioner argued that the Juvenile Justice (Care and Protection of Children) Act, 2015 mandates bail unless there are reasonable grounds that release would expose the child to criminal association or moral, physical or psychological danger, and that no such material was on record. The State contended that the child’s lack of a conducive family environment justified continued detention in an observation home. The Court examined Section 12 of the JJ Act, emphasizing the principle of the child's best interest and the limited grounds on which bail can be denied. Finding no evidence of danger or criminal association, the Court set aside the orders of the Juvenile Justice Board and the Additional Sessions Judge and directed that the child be released on bail with conditions, thereby allowing the revision petition.
Issues considered
- Whether the denial of bail to the child in conflict with law was justified under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether the child's best interest and welfare require release on bail despite the alleged lack of a conducive family environment.
- Whether the observation home detention was appropriate in the absence of material showing risk of criminal association or danger to the child.
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 12, 3, 74
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 8
Subjects
- juvenile justice
- bail
- child in conflict with law
- best interest of child
- observation home
- NDPS Act
- Section 12
- Section 74
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1032 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- Basmatia District- Araria
======================================================
XXXX
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Respondent/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 16-02-2026
Present learned counsel for the petitioner as well as
learned APP for the State.
2. From perusal of record, it transpires that in the
revision petition, the identity details of the Juvenile is being
disclosed, which is against the statutory provisions prescribed
under Section 74 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 which mandates protection of disclosure of
identity of the juvenile in conflict with law. Therefore, the
identity of the petitioner is being referred to in the cause title as
XXXX.
3. Registry while uploading the order on the website
shall also ensure that the cause title is reflected in similar
manner.
4. The instant criminal revision petition has been filed
Patna High Court CR. REV. No.1032 of 2025 dt.16-02-2026
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for setting aside the judgment/order dated 12.08.2025 passed by
the learned Additional Sessions Judge-I-cum-Special Judge
Children Court, Araria in Criminal Appeal No. 21 of 2025,
whereby and whereunder the learned appellate court dismissed
the appeal and affirmed the order dated 19.06.2025 passed by
learned Juvenile Justice Board, Araria in JJB Case No. 32 of
2025 arising out of Basmatia P.S. Case No. 02 of 2025
registered under Section 8/20(b)(ii)(C) of the Narcotic Drugs
and Psychotropic Substances Act, by which the prayer for grant
of bail to the petitioner/child in conflict with law (for short
'CICL') has been rejected.
5. Briefly stated, the facts of the case are on the basis
written report of informant, Rana Kumar, Assistant
Commandant of SSB, Basmatia P.S. Case No. 02 of 2025 was
registered under Section 8/20(b)(ii)(C) of the Narcotic Drugs
and Psychotropic Substances Act. It is alleged in the written
report that on getting secret information that some persons
carrying ganja were coming towards India from Nepal border, a
raid was conducted and on seeing the QRT team, 8-10 persons
carrying sacks started fleeing leaving behind their sacks. Two of
them were apprehended. On searching the sacks, recovery of
total 225 kg of ganja was made. The petitioner is one of the
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apprehended persons. The CICL moved before the learned
Juvenile Justice Board, Araria for grant of bail but his prayer
was rejected vide order dated 19.06.2025. The CICL preferred
an appeal which also came to be dismissed vide judgment/order
dated 12.08.2025 passed by the learned Additional Sessions
Judge-I-cum-Special Judge (Children Court), Araria. The CICL
approached this Court against the aforesaid two orders.
6. Learned counsel for the petitioner submits that the
petitioner/CICL submits that the age of petitioner was assessed
to be 15 years and 03 days on the day of occurrence and, as
such, he was declared juvenile by the learned J.J. Board, Araria
vide order dated 15.05.2025. Learned counsel further submits
that the learned District Courts have not considered the best
interest of the CICL while rejecting his prayer for bail. Only on
the ground that there was lack of conducive family environment
for proper upbringing of the CICL and his release would expose
him to moral, physical or psychological danger, the prayer for
bail was rejected. There is no material on record to show that
there was any likelihood of petitioner coming into association
with any known criminal or his release would expose him to
moral, physical or psychological danger or his release would
defeat the ends of justice. Learned counsel further submits that,
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moreover, the petitioner has no concern with the alleged
occurrence nothing incriminating has been recovered from the
conscious possession of the petitioner. Learned counsel further
submits that the CICL is in observation home since 05.01.2025
and he has got no criminal history. Learned counsel further
submits that keeping the petitioner in observation home would
not serve any useful purpose and would not help in his proper
development considering his age and it is not in the best interest
of the petitioner who is CICL. Thus, the learned counsel submits
that the order dated 19.06.2025 of the learned J. J. Board, Araria
as well as order dated 12.08.2025 of the learned Additional
Sessions Judge-I-cum-Special Judge (Children Court), Araria
may be set aside.
7. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that
there is no illegality in the impugned orders passed by both the
courts below. Learned APP further submits that from the record
it is apparent that there is every chance that the petitioner would
fall in bad company and his release would likely to bring him
into association with any known criminal since there was lack of
conducive environment in the family of the CICL for his proper
upbringing and the same is against the safety of the CICL.
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8. I have given my thoughtful consideration to the
rival submission of the parties and perused the record.
9. Section 12 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 provides as under:-
“Section 12 -Bail to a person who is
apparently a child alleged to be in conflict
with law.
1) When any person, who is apparently a child
and is alleged to have committed a bailable or
non-bailable offence, is apprehended or
detained by the police or appears or brought
before a Board, such person shall,
notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974)
or in any other law for the time being in force,
be released on bail with or without surety or
placed under the supervision of a probation
officer or under the care of any fit person:
Provided that such person shall not be so
released if there appears reasonable grounds
for believing that the release is likely to bring
that person into association with any known
criminal or expose the said person to moral,
physical or psychological danger or the
persons release would defeat the ends of
justice, and the Board shall record the reasons
for denying the bail and circumstances that led
to such a decision.
(2) When such person having been
apprehended is not released on bail under sub-
section (1) by the officer-in-charge of the
police station, such officer shall cause the
person to be kept only in an observation home
[or a place of safety, as the case may be] in
such manner as may be prescribed until the
person can be brought before a Board.
(3) When such person is not released on bail
under sub-section (1) by the Board, it shall
make an order sending him to an observation
home or a place of safety, as the case may be,
for such period during the pendency of the
inquiry regarding the person, as may be
specified in the order.
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(4) When a child in conflict with law is unable
to fulfil the conditions of bail order within
seven days of the bail order, such child shall
be produced before the Board for modification
of the conditions of bail.”
10. The aforesaid provision makes it clear that a CICL
could be denied bail only on the ground that on release, the said
child would come in contact with criminal elements and there
was danger to the moral, physical and psychological well being
of the CICL or would defeat the ends of justice. If these grounds
are not present, the bail could not be denied to a CICL. But the
best interests and welfare of a child are of paramount
importance.
11. Further, the JJ Act is, in fact, child friendly. The central
theme is that the interest of child is supreme. Section 3 of the JJ
Act incorporates the general principles to be followed in the
administration of the Act. According to which, “all decisions
regarding the child shall be based on the primary consideration
that they are in the best interest of the child and to help the child
to develop full potential. In fact, Section 3(iv) of the JJ Act
provides for the principle of best interest and for all decisions
regarding the child shall be based on the primary consideration
that they are in the best interest of the child and to help the child
to develop full potential. Section 3(xii) of the JJ Act makes it
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abundantly clear that a child shall be placed in institutional care
as a step of last resort after making a reasonable inquiry. Section
3(xiii) of the JJ Act provides for Principle of repatriation and
restoration which reads as follows:
“Every child in the juvenile justice system
shall have the right to be re-united with his
family at the earliest and to be restored to the
same socio-economic and cultural status that he
was in, before coming under the purview of this
Act, unless such restoration and repatriation is
not in his best interest.”
12. Cumulative reading of aforesaid provisions show
the CICL should be released on bail unless the fact comes on
record that there was chance of such child coming in contact
with a known criminal or enlarging such child on bail might
endanger his moral, physical or psychological well being.
Further, the courts being parens patriae are supposed to look
into for protection of best interest of the child. All such steps are
to be taken by the Courts for reformation and rehabilitation of a
child in conflict with law. In the orders impugned, except for
bland assertion that there was there was lack of conducive
family environment for proper upbringing of the CICL and his
release would likely to bring him into association with any
known criminal or would expose him to moral, physical or
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psychological danger, no material has come on record to show
the basis of such reasoning.
13. However, considering the fact that the Courts are
bound to see that the interest of the CICL is protected at any
cost. The CICL is in observation home since 05.01.2025 and his
best interest is paramount importance. For reformatory measures
and rehabilitation and to protect the best interest of the child, the
best place could be the house of the child and keeping such
CICL in observation home would frustrate the provision of the
J.J. Act. Therefore, the conclusions arrived at by the learned
District Courts are not sustainable and hence, the impugned
order dated 19.06.2025 passed by learned Juvenile Justice
Board, Araria in JJB Case No. 32 of 2025 arising out of
Basmatia P.S. Case No. 02 of 2025 and the judgment/order
dated 12.08.2025 passed by the learned Additional Sessions
Judge-I-cum-Special Judge (Children Court), Araria in Criminal
Appeal No. 21 of 2025, are hereby set aside.
14. Let the petitioner, a child in conflict with law, be
released on bail, on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of learned Juvenile Justice Board,
Araria/concerned court in connection with JJB Case No. 32 of
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2025 arising out of Basmatia P.S. Case No. 02 of 2025, subject
to the following conditions:
(i) One of the bailors will be the parents of
the petitioner and other bailor will also be
relative of the petitioner having no
criminal antecedent and shall give
undertaking that he/she shall keep proper
care and upkeep of the petitioner.
(ii) The petitioner shall remain present
before the Board on each and every date of
trial of the case fixed by the Board.
15. Accordingly, the present revision petition is
allowed.
(Arun Kumar Jha, J)
Ashish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission 18.02.2026
Date
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